/0109 Copyright © 2001 Business & Legal Reports, Inc. BLR’s Safety Training Presentations OSHA and the General Duty Clause §5(a)(1) OSH Act of 1970

/0109 Copyright © 2001 Business & Legal Reports, Inc. Goals Introduction of OSHA General Duty Clause Quiz

/0109 Copyright © 2001 Business & Legal Reports, Inc. Occupational Safety and Health Act Occupational Safety and Health Administration (OSHA) National Institute for Occupational Safety and Health (NIOSH) Occupational Safety and Health Review Commission (OSHRC)

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA’s Mission OSHA exists to save lives, prevent injuries, and protect the health of America’s workers.

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA’s Results Fatalities reduced 50% to slightly under 6,000 annually Injuries and illnesses reduced 40% to 5.2 million U.S. employment has doubled to 111 million workers 7 million worksites are covered by OSHA

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA’s Resources 2003 budget of $437 million Staff of 2,303 with 1,087 inspectors Oversees 26 state-run OSHA programs 2,960 state employees with 1,327 state inspectors

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA’s Strategies Enforcement Partnerships Rulemaking Outreach

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA Inspections in Year 2002 Federal OSHA 37,493 inspections 78,433 violations $72,827,278 in penalties State OSHA programs 58,402 inspections 144,075 violations $75,871,882 in penalties

/0109 Copyright © 2001 Business & Legal Reports, Inc. What Prompts an OSHA Inspection? Reports of imminent danger Fatalities or catastrophes Employee complaints Referrals from other agencies Targeted facilities

/0109 Copyright © 2001 Business & Legal Reports, Inc. Citations and Penalties Willful: $5,000 to $70,000 Serious: Up to $7, 000 Repeat: Up to $70,000 Failure to abate: Up to $7,000 for each day Other: Up to $7,000

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA Partnerships Voluntary Protection Program (VPP) OSHA Strategic Partnership Program

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA Outreach Programs OSHA Consultation Program Compliance Assistance Specialists Training grants Small business assistance Interactive software

/0109 Copyright © 2001 Business & Legal Reports, Inc. OSHA Standards Safety and health rules Protect workers from hazards Justified through science and research Written in a simple format

/0109 Copyright © 2001 Business & Legal Reports, Inc. Goals Introduction of OSHA General Duty Clause Quiz

/0109 Copyright © 2001 Business & Legal Reports, Inc. General Duty Clause “Each employer shall furnish to each of his employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”

/0109 Copyright © 2001 Business & Legal Reports, Inc. Employer Duties “Each employer shall comply with occupa- tional safety and health standards promulgated under this Act.”

/0109 Copyright © 2001 Business & Legal Reports, Inc. Employee Duties “Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this ACT which are applicable to his own actions and conduct.”

/0109 Copyright © 2001 Business & Legal Reports, Inc. Violations of the General Duty Clause No specific standard covers a hazard Serious risk is involved Employer should have recognized the hazard “Significant findings letter” sent to employer

/0109 Copyright © 2001 Business & Legal Reports, Inc. Employee Rights to Information OSH Act and OSHA Standards Company safety and health records Company written safety and health programs Monitoring and testing results

/0109 Copyright © 2001 Business & Legal Reports, Inc. Employee Rights and Protection Complain to OSHA about safety concerns Participate in OSHA inspections Discuss safety with other employees Ask employer to correct unsafe conditions

/0109 Copyright © 2001 Business & Legal Reports, Inc. Employee Responsibilities Follow OSHA and employer safety rules Wear required PPE Report workplace hazards Report job-related injuries or illnesses

/0109 Copyright © 2001 Business & Legal Reports, Inc. Goals Introduction of OSHA General Duty Clause Quiz

/0109 Copyright © 2001 Business & Legal Reports, Inc. Summary OSHA exists to save lives and prevent injuries OSHA uses enforcement, partnership, rulemaking, and outreach Employers shall furnish a workplace free of hazards Employees must follow OSHA safety rules

/0109 Copyright © 2001 Business & Legal Reports, Inc. Quiz 1.Since 1971, OSHA has reduced workplace fatalities by 50%.True or False 2.OSHA was the only agency formed by the Occupational Safety and Health Act of 1970.True or False 3.What is OSHA’s Mission: 4.OSHA has over 10,000 inspectors.True or False 5.Name one thing that will prompt an OSHA inspection: ______________________

/0109 Copyright © 2001 Business & Legal Reports, Inc. Quiz (cont.) 6.What type of citation carries the highest penalty? 7.Name one of the strategies that OSHA uses to accomplish its mission: 8.The General Duty Clause requires employers to provide a workplace free of recognized hazards.True or False 9.Employees do not have any responsibility according to the General Duty Clause. True or False 10.Give one example of information that employees have a right to obtain: ______________________

/0109 Copyright © 2001 Business & Legal Reports, Inc. Quiz Answers 1.True. Fatalities have been reduced to just under 6,000 annually. 2.False. Two other agencies were formed: National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Review Commission (OSHCR). 3.OSHA exists to save lives, prevent injuries, and protect the health of workers. 4.False. OSHA has just over 1,000 inspectors. 5.Report of imminent danger, fatality or catastrophe, employee complaint, referral, targeted inspection.

/0109 Copyright © 2001 Business & Legal Reports, Inc. Quiz Answers (cont.) 6.Willful and repeat citations carry penalties of up to $70, Enforcement, partnership, rulemaking, outreach. 8.True. 9.False. Employees are required to follow the requirements of OSHA standards, rules, and regulations. 10.OSHA standards, company safety records, company written safety programs, results of monitoring and testing.